Conergy Ag v. Memc Electronic Materials, Inc.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Conergy AG (“Conergy”) brings this action to seek a declaration that a ten-year Solar Wafer Supply Agreement (“Agreement” or the “contract”), under which it purchases silicon wafers from defendants MEMC Electronic Materials, Inc. (“MEMC”) and MEMC. Singapore Pte. Ltd. (“MEMC Singapore”) for use in manufacturing solar photovoltaic panels, is void and unenforceable. Conergy also claims that defendants breached the Agreement. Defendants have moved to dismiss certain of the claims. For the following reasons, defendants’ motion is…